Criminal law in Nepal

Nepali original legislation is authoritative; English translations serve as working aids. The National Penal Code Act 2017 sets general offences and penalties, while special laws may apply to subjects such as drugs, transport or electronic transactions. The Evidence Act 2031 (1974) and the Criminal Procedure Code Act 2017 regulate evidence and criminal procedure, including the Criminal Procedure Code Rules 2075. A complaint, called a Jaheri in relevant procedures, normally goes to Nepal Police or another legally designated investigating authority. Schedule-1 offences are generally investigated by the police. Schedule-2 offences are investigated by the authority named in the applicable law. The Nepal Police, including the Crime Investigation Department, investigates criminal cases, while the Cyber Bureau handles cybercrime investigations. The investigation file goes to the Government Attorney or Office of the Attorney General, which assesses the evidence, decides whether to prosecute, prepares the charge sheet and represents the government. Criminal cases are heard by District Courts, High Courts and the Supreme Court, with a specialised court possible where legislation provides for one. A person who is arrested must receive information about the reason for detention and must be brought before the competent authority within 24 hours, excluding travel time. The Constitution also protects access to a lawyer from arrest, a fair hearing, the presumption of innocence, protection against compelled self-incrimination and the right to appeal. Free legal aid is available to people who cannot afford it under the law. Authorities should secure understanding through interpretation where language affects participation. Possible sanctions include imprisonment, fines, compensation, community service, suspended sentences, probation and parole. The court considers the seriousness of the offence, culpability, circumstances, previous conduct and compensation for the victim. The Department of Prison Management administers custody and imprisonment under the Prison Act 2079, but the availability and practical implementation of non-custodial measures depend on the case and responsible authorities. Victims have a constitutional right to information about the investigation and proceedings. Depending on the offence and applicable law, they may seek rehabilitation and compensation for bodily injury, death, property loss or damage to honour, including enforcement against the offender's assets. Court, lawyer, translation, travel and evidence costs vary by case, and access to legal aid should be checked. Children's cases follow the Children Act 2018 and may involve a Child Court or Child Bench, diversion, confidential proceedings, counselling, supervision, community service or a Child Reform Home. A child under 10 is not criminally prosecuted. For ages 10 to under 14, no fine applies; a detention-capable offence can lead to up to six months' detention or up to one year in a Child Reform Home. Ages 14 to under 16 face at most half the adult sentence, and ages 16 to under 18 at most two-thirds. Children under 16 are generally not detained except for grave, serious or repeat offences. Road offences are governed by the Motor Vehicles and Transport Management Act 2049 (1993) and its Rules, with Nepal Police and the responsible transport administration handling different functions. Digital offences may fall under the Electronic Transactions Act 2063 (2008) and Rules, the National Penal Code or other special laws. The Cyber Bureau can investigate matters such as unauthorised access, system or data misuse and unlawful publication. Criminal proceedings in Nepal are distinct from civil claims for contracts or private compensation, although a criminal case may also involve compensation.